MADISON, Wis. — In a move that could reshape Wisconsin’s electoral landscape, a lawsuit filed on Tuesday aims to restore fusion voting, a practice that allows a single candidate to appear on the ballot under multiple party affiliations. If successful, the change could amplify the influence of independent voters and smaller political parties in this battleground state.
The lawsuit, filed in Dane County Circuit Court against the Wisconsin Elections Commission, argues that the state’s nearly 130-year-old ban on candidates appearing more than once on the ballot for the same office violates the state Constitution’s equal protection guarantee. The challenge comes four weeks after a record-breaking Wisconsin Supreme Court election, which saw unprecedented spending and intense partisan involvement.
Fusion voting, common in the 19th century, permits a candidate to be listed as the nominee of both a major party, such as the Republicans or Democrats, and one or more minor parties. For example, a candidate could appear as “John Doe, Democrat” and “John Doe, Green Party,” with all votes for that candidate combined for the final tally. Critics contend that the practice complicates ballots, potentially confusing voters, and grants disproportionate influence to minor parties, as major-party candidates may court their endorsements.
Currently, full fusion voting is legal only in Connecticut and New York, though efforts to revive it are underway in states like Michigan, Kansas, and New Jersey.
The lawsuit was brought by United Wisconsin, a newly formed group seeking to establish itself as a fusion political party that cross-nominates major-party candidates. “We want the courts to affirm our constitutional right to associate with whomever we choose,” said Dale Schultz, co-chair of United Wisconsin and a former Republican Senate majority leader. The plaintiffs include Mr. Schultz, a former Democratic county sheriff, and a retired judge who previously served as a Republican state lawmaker.
Jeff Mandell, president of Law Forward, the legal group representing United Wisconsin, said the state’s two-party system is “calcified and deeply unstable.” He argued that fusion voting would give voters more choices and strengthen democratic representation.
Historically, fusion voting played a significant role in American politics. In 1854, it facilitated the formation of the Republican Party in Wisconsin, when antislavery Whigs, Democrats, and smaller factions united to create the GOP. But by 1897, Wisconsin’s Republican-led legislature banned the practice to weaken Democrats and stifle emerging parties, according to the lawsuit. Similar anti-fusion laws spread nationwide in the early 20th century as major parties sought to limit competition from smaller rivals.
The outcome of the lawsuit could have far-reaching implications, potentially reintroducing a system that empowers minor parties and reshapes voter choice in one of the nation’s most politically competitive states.
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